The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-07-23
TROUBLE OVER BAGGAGE
A LAWSUIT WHICH CALLS OUT A
NUMBER OF CARDS.

the IOuOWlnS cara winch WAS ulSLiIDuUSu III
circular form yesterday and it was the sub
ject Of any amount of comment and gossip:
CARD.
To the Public:
Charles n. West lawyer Of Savannah, Ga,
has recently taken advantage OF a legal oppor-
tunity to perpetrate an outrage upon me or
such a character, as required an emphatic de-
nuECation from me,
This OUTRAGE was the seizure of my personal
baggage by process OF law, declining to accept
my statement that it contained only wearing
apparel and articles necessary to the comfort OF
a gentleman and nStructing the Marshal TO make
a personal examinations proceeding outraglnB
decency and unheard of except in cases where
the defendant was unworthy of respect and
credcncc
Seeking to shield himself behind the cloak OF
professional duty he has failed TO resent an III
suit put upon him, in consequence OF his course
as above stated, thereby proving himself TO be
as deficient jIt courage as full Of venom.
hereby denounce him as liar and hypocrte
unworthy the respect of gentlemen, and dis
grace to the honorable profession whose mis-
fortune it is TO be afflicted with bearing bis name
upon it's rolls. PERRY M DELEoN'
Sdr0anoh, CO., Jttly21, 1887.
Upon seeing the circular Mr. West pre-
pared the following card which he submits
to those to whom it is addressed:
TO THE PUBLIC.
Mr. Perry NJ DeIeon having asSailed me by
means of printed circular addressed TO you,
and distributed through the mails, deem 1t
only Justice to myself that O full statement
should be made to YOU concerning the subject
matter of his circular, and subJoln sucn a
statement and copy of letters passed since the
occurrences mentioned.
So far as my professional conduct andreputa
ton are involved, am always willing to leave
them in the hands of my professional brethren
Touching Mr.. DeLeon's charge of Sinking
personal issue with him, submit myself to the
Judgment of the public whether / should be
authorized in any degree to tender OF accept
from him an issue upon the basis of this case,
except when required by the ordinary and plain
usages Of self -protection.
On June 8, last, being the plaintiffs attorney
in the unsatsfed Judgment for 1851 81 OF
Heller, Hirsh & Co, VS.. Perry NJ. DeLeon, was
instructed by my clients to haSe the execution
levied upon Mr. DeLeon's baggage. This in
struction arrived in the afternoon, and imme-
diatelv placed the execution in the hands OF the
United States Marshal Mr.. Frank Lamar with
instructions to levy it upon Mr.. DeLeon's bag
gage in case he should attempt to leave the city
without satisfaction of this judgment. AT the
same time gave the Marshal letter to be
handed to Mr. DeLeon, of which the following
is a copy, and explains itself:
SAVANNAH. GA, June 8, 1887
Heller, HirSh Dc Co. Us. Perry N. De Leon, Esq,
city.
from the plaintiffs to levy upon your personal
effects if you leave the city without settlement
of their judgment. And in pursuance OF this
instruction, the matter has been turned over to
the Marshal
l shall regret greatly if any personal incon-
venience be created TO you, but as the instruc-
ton is one that clients have legal right to give
my only course is to place their execution in
the hands of the proper officer, with the men
ton of the plaintiffs requirements.
Very respectfully,
CHARLES N. WEST
Late in the afternoon of the next day, re-
ceived call from Mr. DeLeons attorney, who
informed me that the Marshal had levied the
execution upon Mr.. DeLeon's baggage, that he
was informed by Mr. DeIeon that the trunks
contained nothing but clothing. He stated that
he would offer his personal check for such
amount as claimed the contents of the trunk
were worth. replied that would take the re-
sponsibility Of instructing the Marshal 1aart to
clothing, first satisfying himself
npen this point and declined the check offered
He then asked if desired to be present at the
search of the baggage. This | refused to do
considering it out of my province. Further
conversation occurred between us about the
matter relating TO the effect of the proceedings
upon the personal relations between Mr. De
Leon and myself Upon the arrival of the Mar
shall | explained to him the nature of my con
sent, and handed him the following note:
SAVANNAH, GA, June 8, 1887
Heller, Hirsh % Co., rs. Perry ~. DeLeon, to the
United States Marshall:
DEAR SIR-Your levy of the foregoing execu-
ton upon any property of Mr.. DeLeon's in the
nature of clothing or property used by gentle
men for personal comfort is hereby released.
CHARLES n. WEST,
Plaintiffs Attorney
Some conversation took place between the
Marshal and myself as to the probable contents
of the trunks, and he left my office to execute
the release, if desired, ! understanding that, as
a matter of course. his duty would require him
to satisfy himself by personal inspection in case
Mr. DeLeon should wish to avail himself of the
release offered by me.
The Marshal returned after a time and re-
ported that the baggage contained nothing but
clothing, and that he had released it,
CHARLES n. WEST
Savannah, July %, 1887.
Mr.. West having received peremptory orders
to make the levy, we consider his conduct, as
set out in the foregoing statement, strictly pro-
fessional. HENRY r. JACKSON,
j. l.. WHATLEY,
HENRY G. CUNNINGHAM,
ALEX r. LAYTON, JR.,
J. r. SAUSSY,
SAMUEL. B. ADAMS,
RUFUS F. LESTER,
A. G. WRIGHT,
II. T.. WILSON,
r. G.. ERWIN,
GEORGE \. MERCER.
The day the'lcvy was made Mr.. DeLeon
was called to Atlanta to attend to the bust
ness of the Alabama Coal Company, of
which he is pr sident, and when that bust
ness was concluded he returned to this city
to settle the matter with Mr.. West. He ar
rived here Thursday, July IA, and immedi-
ately wrote this letter:
SAVANNAH GA, July ID, 1887.
Mr.. Charles ~ Vest SdUdnRdh, Ga:
SIR: Imperative obligations to my business
associates necessitated my leaving Savannah
without the probability of answering your note
of June Q, (received as | was about taking the
omnibusl or of disposing of you otherwise. My
return to Savannah, where shall be until Sat
urday afternoon at least, has been delayed by
the causes referred to until yesterday afternoon
but neither the unnecessary outrage imposed
upon me, nor the insncere apology you offer for
lam well aware that lawyer owes certain duties
to his clients, but decline to believe such duty
requires any reputable lawyer TO allow himself
to be made an instrument for gratifying the
malice of such client as YOU represent, of whose
vindictyc hut futile legal attacks upon me for
six Years past You are aware. The privileges of
the law doubtless fit your easy conscience and
excuse you to yourself If not eXposed) for ont.
aging the feelings of a gentleman, hut your
servlle part you were playing, and your
actions further prove that the professions of
regret contained in said note were false and
hypocrtical | use these terms in their most
emphatic sense. Having thus expressed my
opinion to you of your strictly professional sense
of duty, ! add in conclusion that shall when
ever feel inclined, expose your conduct in the
matter without reserve.
(SignedJ PERRY NJ. DELEoS
SAVANNAH, GA, July IS, 1887.
Mr.. Cdds. ~ West, CiU
SIR; Your absence has delayed the delivery
OF enclosed note. | shall be IN the city until TO.
morrow night or later.
iSigued) pEggy NJ DrJvoN